By accessing AgentPromoter and its affiliate informational webpages using any of our services and/or accessing and using any other websites on which these Terms and Conditions reside (collectively also referred to herein as the "Site"), or any of the Site's Content (as defined below), you acknowledge that you agree to and are subject to the following Terms and Conditions, including without limitation, binding arbitration, the Agentpromoter privacy policy, and any operating rules, policies, and procedures that may be published from time to time on this Site (collectively, the "Terms"). NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND THAT LIMIT OUR LIABILITY TO YOU. If you do not agree to these Terms, you may not access or otherwise use the Site or the Content. The Terms constitute a legally binding agreement between you and us, AgentPromoter, the operator of the Site (hereafter referred to as "we", "us" or "our"). References in these Terms to "Site operator," "we", "us" and "our" include our affiliates (including, without limitation, AgentPromoter.), agents, successors and assigns. The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is intended for and made available only to residents of the United States, age 18 or older. By accessing and using the Site, you accept and agree to, without qualification, the Terms and represent and warrant that you have the authority to bind the User (as defined below) to these Terms and that your use of the Site, including the provision or use of any Content, does not violate any applicable law.
The site acts as a portal to facilitate insurance agents, insurance companies, lead aggregators and other similar parties (each a "Provider") to offer for sale and to sell, insurance and other products to potential consumers who have applied through the Site to receive insurance or other authorized quotations from a Provider (each, a "Prospect"), and all Prospects and potential Prospects that use the Site are collectively called the Site's "Users" (and hereafter may be referred to as "you" or "your"). We may, with a Prospect's authorization, collect certain information (a "Lead") about a Prospect and sell the Lead to a Provider. We are not responsible for the legality, safety or quality of the products offered for sale by a Provider, the accuracy or veracity of the representations regarding the products, the ability of Providers to sell the products or the ability of Prospects to pay for the products. For all purposes we are an independent contractor. We do not issue insurance contracts or bind coverage. We are not responsible for, nor do we assume any financial or other liability whatsoever, for the conduct of any Prospect or Provider. We do not endorse or recommend any Providers or insurance policies or other related products offered by such Providers. We do not provide any type of insurance, tax, financial, legal or any other advice. We do not guarantee that any Providers to whom we send a Prospect's application will contact the Prospect or agree to provide the Prospect with the requested insurance coverage. If you would like personal advice or insurance specific policy recommendations, please consult with a qualified professional. Be advised that we do not offer or sell any insurance or other products shown on the Site. We provide Insurance lead services and offer 3 plans to choose from. Agency Plan will provide a minimum of 15 leads per cycle and each lead can be delivered by email, phone or text. The agency plan requires a 3 month commitment by the user agent at a monthly price provided by AgentPromoter if requested. Growth plan provides a minimum of 10 leads per month at a monthly price provided by AgentPromoter if requested, with no monthly commitment. Enterprise plan provides a minimum of 30 leads per month with no commitment and at a price provided by AgentPromoter if requested. Leads can be delivered by email, phone or text. AgentPromoter makes no warrants or guarantees of the lead quality, appetite, business industry or conversions for leads delivered. Leads cannot be retuned after 14 days. User understands all leads are speculative and contact or conversions with the leads cannot be guaranteed. In the case that the minimum amount of leads per monthly subscription are not fulfilled within the 30 day cycle, and only if requested by the user from within their AgentPromoter account profile, upon cancellation of service, the amount of shorted leads within the shorted cycle, will be delivered in the following months until all leads are fulfilled with no limitations on the number of months to complete delivery of all leads.
Users must cancel their membership from within their account profile and if applicable, within their company store. Any accounts if applicable, not cancelled through their company store will not receive a credit or proration for any amounts charged before being cancelled with the procedure stated above. Cancelling an account by email is not acceptable and will not be deemed valid.
Our Communications with You (TCPA Consent for United States Residents) EXPRESS
WRITTEN CONSENT.
BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US OR OUR PROVIDERS AT THE EMAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE. EMAILS, CALLS, AND TEXTS. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND TEXT MESSAGES (INCLUDING SMS AND MMS) and AUTODIALING. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”) TO CONTACT YOU WITH CONSUMER NOTIFICATIONS, WHICH MAY EMPLOY AN ARTIFICIAL OR PRERECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY. NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US OR OUR PROVIDERS.
YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME BY REPLYING “STOP” TO ANY OF OUR TEXTS, OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT, BUT REPLY “STOP” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER TEXT COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP COMMUNICATIONS IF YOU USE A METHOD OTHER THAN THE AUTOMATIC REPLY “STOP.” YOU CONSENT TO RECEIVE A FINAL TEXT MESSAGE CONFIRMING YOUR OPT-OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE EMAIL COMMUNICATIONS BY USING THE “UNSUBSCRIBE” LINK IN AN EMAIL OR ON THE WEBSITE OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT OF EMAIL, BUT “UNSUBSCRIBE” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER EMAIL COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP EMAIL COMMUNICATIONS IF YOU USE A METHOD OTHER THAN “UNSUBSCRIBE”. THE "UNSUBSCRIBE" LINK WILL ALSO PERMIT YOU TO STOP TEXT COMMUNICATIONS. COMMUNICATION FREQUENCY. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY.
ARBITRATION AGREEMENT (Mandatory Binding Arbitration and Class Action Waiver) READ THIS ARBITRATION AGREEMENT CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. For example, if we elect to require you to arbitrate any claim, you will not have the right to a jury trial or the right to participate in a class action in court or in arbitration. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor we will have the right to: 1. have a court or a jury decide the Claim; 2. engage in information-gathering (discovery) to the same extent as in court; 3. participate in a class action, private attorney general or other representative action in court or in arbitration; or 4. join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration. This Arbitration Agreement describes when and how a Claim (as defined below) arising under or related to the Terms of Use and Privacy Policy between you and us may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. If a claim is arbitrated, each party waives its, his or her respective rights to a trial before a jury in connection with the Claim. It can be a quicker and simpler way to resolve disputes. As solely used in this Arbitration Agreement, the terms “we,” “us” and “our” mean “us” as defined above, our parent companies, wholly or majority owned subsidiaries, affiliates, commonly-owned companies, management companies, successors, assigns and any of their employees, officers and directors. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods or services in connection with the Terms of Use and Privacy Policy, if such third party is named as a party by you in any lawsuit between you and us.
a. Your Right to Reject Arbitration:
You may reject this Agreement by mailing a rejection
notice to 1176 e Warner Rd. Suite 109, Gilbert, AZ 85296, Attn AgentPromoter. Terms of Use
and Privacy Policy Arbitration Rejection, within 30 days after you agree to these terms of
use. Any rejection notice must include your name, address and telephone number; the
date you agreed to the Terms of Use that your rejection notice applies to; and your
signature. Your rejection notice will apply only to this Agreement in the Terms of Use and
Privacy Policy, but will not affect any term of any other contract between you and us
(including without limitation any prior or subsequent agreement), nor will it change your
obligation to arbitrate claims or matters covered by any prior or subsequent agreement to
arbitrate, including each agreement to arbitrate that arises pursuant to the Terms of Use on
the Company’s website which is not the subject of a valid rejection notice.
b. What Claims Are Covered: “Claim” means any claim, dispute or controversy between
you and us, whether preexisting, present or future, that in any way arises from or relates to
the Terms of Use or Privacy Policy, your use of this website, your Account, any transaction
in your Account, the events leading up to the Terms of Use or Privacy Policy (for example,
any disclosures, advertisements, promotions or oral or written statements, warranties or
representations made by us), communications between you and us and the manner of
communicating, any product or service provided by us or third parties in connection with
the Terms of Use or Privacy Policy, the collection of amounts due and the manner of
collection, enforcement of any and all of the obligations a party hereto may have to another
party, compliance with applicable laws and/or regulations (including but not limited to the
Telephone Consumer Protection Act), or the relationships resulting from any of the
foregoing. “Claim” has the broadest possible meaning, and includes initial claims,
counterclaims, cross-claims and third-party claims and federal, state, local and
administrative claims and claims which arose before the effective date of this Arbitration
Agreement. It includes disputes based upon contract, tort, consumer rights, fraud and
other intentional torts, constitution, statute, regulation, ordinance, common law and equity
and claims for money damages and injunctive or declaratory relief. However, “Claim” does
not include:
(i)any dispute or controversy about the validity, enforceability, coverage or scope of this
Arbitration Agreement or any part thereof (including, without limitation, the Class Action
Waiver set forth below, subparts (A) and (B) of the part (k) set forth below titled “Rules of
Interpretation” and/or this sentence); all such disputes or controversies are for a court and
not an arbitrator to decide; but disputes about the validity or enforceability of the Terms of
Use or Privacy Policy as a whole are for the arbitrator and not a court to decide;
(ii) seeking and obtaining from a court of competent jurisdiction (notwithstanding ongoing
arbitration and without waiver of rights under this Arbitration Agreement) provisional or
ancillary remedies including but not limited to injunctive relief, temporary restraining
orders, property preservation orders, foreclosure, sequestration, eviction, attachment,
replevin, garnishment, and/or the appointment of a receiver;
(iii) the exercising of any self help or non-judicial remedies by you or us;
(iv) any individual action in court by one party that is limited to preventing the other party
from using a self-help remedy and that does not involve a request for damages or monetary
relief of any kind; or
(v) any individual action brought by you against us in small claims court or your state’s
equivalent court, if any. But if that action is transferred, removed or appealed to a different
court, we then have the right to choose arbitration. Moreover, this Arbitration Agreement
will not apply to any Claims that are the subject of a class action filed in court that is
pending as of the effective date of this Arbitration Agreement in which you are alleged to be
a member of the putative or certified class. c. Electing Arbitration; Starting an Arbitration
Proceeding: Either you or we may elect to arbitrate a Claim by giving the other party written
notice of the intent to arbitrate the Claim or by filing a motion to compel arbitration of the
Claim. This notice may be given before or after a lawsuit has been filed concerning the
Claim or with respect to other Claims brought later in the lawsuit, and it may be given by
papers filed in the lawsuit, such as a motion to compel arbitration. Each of the arbitration
administrators listed below has specific rules for starting an arbitration proceeding.
Regardless of who elected arbitration or how arbitration was elected, the party asserting
the Claim (i.e., the party seeking money damages or other relief from a court or an
arbitrator) is responsible for starting the arbitration proceeding. Thus, if you assert a Claim
against us in court, and we elect to arbitrate that Claim by filing a motion to compel
arbitration which is granted by the court, you will be responsible for starting the arbitration
proceeding. Similarly, if we assert a Claim against you in court, you assert a counterclaim
against us, and we elect to arbitrate that counterclaim by filing a motion to compel
arbitration which is granted by the court, you will be responsible for starting the arbitration
proceeding. Even if all parties have opted to litigate a Claim in court, you or we may elect
arbitration with respect to any Claim made by a new party or any Claim later asserted by a
party in that or any related or unrelated lawsuit (including a Claim initially asserted on an
individual basis but modified to be asserted on a class, representative or multi-party basis).
Nothing in that litigation shall constitute a waiver of any rights under this Arbitration
Agreement. d. Choosing the Administrator: The party starting the arbitration proceeding
must choose one of the following arbitration organizations as the Administrator: the
American Arbitration Association (the “AAA”), 120 Broadway, Floor 21, New York, N.Y
10271, www.adr.org., or JAMS, 1920 Main St. Ste. 300, Irvine, CA 92614, www.jamsadr.org.
You may contact these organizations directly if you have any questions about the way they
conduct arbitrations or want to obtain a copy of their rules and forms (which are also
available on their websites). A single arbitrator shall be appointed. If for any reason the
Administrator selected is unable or unwilling to serve or continue to serve as Administrator,
the other company will serve as Administrator. If neither the AAA nor JAMS is able or willing
to serve as Administrator, we and you will mutually agree upon an Administrator or
arbitrator or a court with jurisdiction will appoint the Administrator or arbitrator (or
arbitrators, in the case of a three-arbitrator panel provided for in Section “j”, below). No
company may serve as Administrator, without the consent of all parties, if it adopts or has
in place any formal or informal policy that is inconsistent with and purports to override the
terms of the Class Action Waiver in section (e) of this Arbitration Agreement. In all cases,
the arbitrator(s) must be a lawyer with more than 10 years of experience or a retired judge.
Arbitration of a Claim must comply with this Arbitration Agreement and, to the extent not
inconsistent or in conflict with this Arbitration Agreement, the applicable rules of the
arbitration Administrator. e. Class Action Waiver: Notwithstanding any other provision of
the Terms of Use or Privacy Policy, if either you or we elect to arbitrate a Claim, neither you
nor we will have the right: (a) to participate in a class action, private attorney general action
or other representative action in court or in arbitration, either as a class representative or
class member; or (b) to join or consolidate Claims with claims of any other persons.
No arbitrator shall have authority to conduct any arbitration in violation of this provision or
to issue any relief that applies to any person or entity other than you and/or us individually.
(Provided, however, that the Class Action Waiver does not apply to any lawsuit or
administrative proceeding filed against us by a state or federal government agency even
when such agency is seeking relief on behalf of a class of borrowers including you. This
means that we will not have the right to compel arbitration of any claim brought by such an
agency.
(f.) Location of Arbitration: Any arbitration hearing that you attend must take place at a
location reasonably convenient to your residence. g. Cost of Arbitration: Each
Administrator charges fees to administer an arbitration proceeding and the arbitrator also
charges fees. This includes fees not charged by a court. At your written request, we will pay
all filing, hearing and/or other fees charged by the Administrator and arbitrator to you for
Claim(s) asserted by you in an individual arbitration after you have paid an amount
equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is
less) in the judicial district in which you reside. (If you have already paid a filing fee for
asserting the Claim(s) in court, you will not be required to pay that amount again). In
addition, the administrator may have a procedure whereby you can seek a waiver of fees
charged to you by the Administrator and arbitrator. We will always pay any fees or expenses
that we are required to pay by law or the Administrator’s rules or that we are required to pay
for this Arbitration Agreement to be enforced.
( h.) Governing Law: The Terms of Use or Privacy Policy evidences a transaction involving
interstate commerce and, therefore, this Arbitration Agreement is governed by the Federal
Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and not by any state arbitration law. The
arbitrator will not be bound by judicial rules of procedure and evidence that would apply in
a court, or by state or local laws that relate to arbitration proceedings. The arbitrator will
apply the same statutes of limitation and privileges that a court would apply if the matter
were pending in court. The arbitrator will have the authority to hear and rule on appropriate
dispositive motions for judgment on the pleadings, for failure to state a claim, or for full or
partial summary judgment. In determining liability or awarding damages or other relief, the
arbitrator will follow the applicable substantive law, consistent with the FAA that would
apply if the matter had been brought in court. The arbitrator may award any damages or
other relief or remedies that would apply under applicable law to an individual action
brought in court, including, without limitation, punitive damages (which shall be governed
by the Constitutional standards employed by the courts) and injunctive, equitable and
declaratory relief (but only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by that party’s individual claim). The arbitrator
will have the authority to award fees and costs of attorneys, witnesses and experts to the
extent permitted by the Terms of Use or Privacy Policy, the Administrator’s rules or
applicable law. However, with respect to Claim(s) asserted by you in an individual
arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and
to the extent you prevail, if applicable law requires us to or if we must bear such fees and
costs in order for this Arbitration Agreement to be enforced. We will not ask you to pay or
reimburse us for any fees we pay the Administrator or the arbitrator or for our attorneys’
fees and costs unless (1) the arbitrator finds that you have acted in bad faith (as measured
by the standards set forth in Federal Rule of Civil Procedure 11(b)), and (2) this power does
not make this Arbitration Agreement invalid. At the timely request of either party, the
arbitrator must provide a brief written explanation of the basis for the award.
( i.) Right to Discovery: In addition to the parties’ rights to obtain discovery pursuant to the
arbitration rules of the Administrator, either party may submit a written request to the
arbitrator to expand the scope of discovery normally allowable under the arbitration rules
of the Administrator. The arbitrator shall have discretion to grant or deny that request. j.
Arbitration Result and Right of Appeal: Judgment upon the award given by the arbitrator
may be entered in any court having jurisdiction. The arbitrator's decision is final and
binding, except for any right of appeal provided by the FAA. The arbitrator’s authority shall
be limited to deciding the case submitted by the parties to the arbitration. Therefore, no
decision by any arbitrator shall serve as precedent in other arbitrations except in a dispute
between the same parties, in which case it could be used to preclude the same claim from
being re-arbitrated. If the amount of the Claim exceeds $25,000, any party can, within 30
days after the entry of the award by the arbitrator, appeal the award to a three arbitrator
panel administered by the Administrator. (If an appeal is not filed within that time period,
the arbitration award shall become final and binding). The panel shall reconsider de novo
(anew) any aspect of the initial award requested by the appealing party. This means that
they shall reach their own findings of fact and conclusions of law rather than deferring in
any manner to the original arbitrator. The decision of the panel shall be by majority vote.
Reference in this Arbitration Agreement to “the arbitrator” shall mean the panel if an appeal
of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in
accordance with subparagraph (g) above, captioned “Cost of Arbitration.” Any final
decision of the appeal panel is subject to judicial review only as provided under the FAA. k.
Rules of Interpretation: This Arbitration Agreement shall survive the termination,
cancellation or suspension of the Terms of Use or Privacy Policy, any legal proceeding, and
any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the
event of a conflict or inconsistency between this Arbitration Agreement, on the one hand,
and the applicable arbitration rules or the other provisions of the Terms of Use or Privacy
Policy, on the other hand, this Arbitration Agreement shall govern. If any portion of this
Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the Terms
of Use or Privacy Policy or the remaining portions of this Arbitration Agreement, except that:
(A) The parties acknowledge that the Class Action Waiver is material and essential to the
arbitration of any disputes between them and is non-severable from this Arbitration
Agreement. If the Class Action Waiver is limited, voided or found unenforceable, then this
Arbitration Agreement (except for this sentence) shall be null and void with respect to such
proceeding, subject to the right to appeal the limitation or invalidation of the Class Action
Waiver.
The parties acknowledge and agree that under no circumstances will a class action be
arbitrated; and (B) If a Claim is brought seeking public injunctive relief and a court
determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration
Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are
unenforceable with respect to such Claim (and that determination becomes final after all
appeals have been exhausted), the Claim for public injunctive relief will be determined in
court and any individual Claims seeking monetary relief will be arbitrated. In such a case
the parties will request that the court stay the Claim for public injunctive relief until the
arbitration award pertaining to individual relief has been entered in court. In no event will a
Claim for public injunctive relief be arbitrated. l. Notice of Claim; Right to Resolve; Special
Payment: Prior to initiating, joining or participating in any judicial or arbitration proceeding
regarding any Claim, the Claimant (the party who asserts or seeks to assert a Claim in a
lawsuit or arbitration proceeding) shall give the other party written notice of the Claim (a
"Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Claim.
Any Claim Notice you send must include your name, address, telephone number and
account number. Any Claim Notice must explain the nature of the Claim and the relief that
is demanded. You may only submit a Claim Notice on your own behalf and not on behalf of
any other party. The Claimant must reasonably cooperate in providing any information
about the Claim that the other party reasonably requests. If: (i) you submit a Claim Notice
in accordance with this paragraph on your own behalf (and not on behalf of any other
party); (ii) we refuse to provide the relief you request before an arbitrator is appointed; and
(iii) an arbitrator subsequently determines that you were entitled to such relief (or greater
relief), the arbitrator shall award you at least $7,500 (not including any arbitration fees and
attorneys' fees and costs to which you may be entitled under this Arbitration Agreement or
applicable law). We encourage you to address all Claims you have in a single Claim Notice
and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that
applies to all Claims you have asserted or could have asserted in the arbitration, and
multiple awards of $7,500 are not contemplated by this Section.
Governing Law. We agree that the laws of the State of Arizona, without regard to principles
of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any
sort that might arise between you and www.agentpromoter.com or its affiliates AND
PROVIDERS, except for the Arbitration Agreement, which is governed by the Federal
Arbitration Act.
Introduction These terms and conditions govern your use of this website; by using this
website, you accept these terms and conditions in full. If you disagree with these terms and
conditions or any part of these terms and conditions, you must not use this website. You
must be at least 18 years of age to use this website. By using this website [and by agreeing
to these terms and conditions] you warrant and represent that you are at least 18 years of
age. This website uses cookies.
By using this website and agreeing to these terms and conditions, you consent to our
agentpromoter.com’s use of cookies in accordance with the terms of agentpromoters
privacy policy.
License to use website. Unless otherwise stated, agentpromoter.com and/or its licensors
own the intellectual property rights in the website and material on the website. Subject to
the license below, all these intellectual property rights are reserved. You may view,
download for caching purposes only, and print pages or use any data from the website for
your own personal use, subject to the restrictions set out below and elsewhere in these
terms and conditions. You must not: republish material from this website (including
republication on another website); sell, rent or sub-license material from the website;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial
purpose or redistribute material from this website except for content specifically and
expressly made available for redistribution.
Acceptable use. You must not use this website in any way that causes, or may cause,
damage to the website or impairment of the availability or accessibility of the website; or in
any way which is unlawful, illegal, fraudulent or harmful, or in connection with any
unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to
copy, store, host, transmit, send, use, publish or distribute any material which consists of
(or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit
or other malicious computer software. You must not conduct any systematic or automated
data collection activities (including without limitation scraping, data mining, data
extraction and data harvesting) on or in relation to this website without agentpromoters
express written consent.
You must not use this website to transmit or send unsolicited commercial
communications. You must not use this website for any purposes related to marketing
without agentpromoter.com’s express written consent.
Agentpromoter.com reserves the right to restrict access to [other] areas of this website, or
indeed this entire website, at Agentpromoters discretion. If agentpromoter.com provides
you with a user ID and password to enable you to access areas of this website or other
content or services, you must ensure that the user ID and password are kept confidential.
AgentPromoter.com may disable your user ID and password in AgentPromoters sole
discretion without notice or explanation. Contact Information and Opt-In Permission. If you
provide any contact information via email or registration on AgentPromoter.com or any
affiliate website you authorized AgentPromoter.com to send any communications to you
directly. You have the right to stop communication by contacting AgentPromoter.com
directly. You agree to receive pre-recorded / artificial voice messages calls and/or use of an
automatic dialing device, text messages and/or emails from AgentPromoter.com, our
partners, affiliates, members, subcontractors, or any and all other companies that we may
have to transfer your account to at any telephone number or email address that you have
provided us or that we have otherwise obtained.
We may place such calls, texts or emails to (i) notify you regarding upcoming promotions or
provide information regarding insurance products, policies or services; (ii) notify you of
updates; (iii) troubleshoot problems with your account (iv) resolve a dispute; (v) collect a
debt ; or (vI) as otherwise necessary to service your account or enforce this admissions
agreement, our policies, applicable law, or any other agreement we may have with you.
The ways in which you may provide us a telephone number or email address include, but
are not limited to, filling out a information request page to receive insurance related
products or obtain a policy quote, providing the information at account opening, adding the
information to your account at a later time, providing it to one of our employees, providing it
to our partners, subcontractors, or any and all other companies that we may have to
transfer your account to, or by contacting us or our partners, subcontractors, or any and all
other companies that we may have to transfer your account to from that phone number or
email address. If a telephone number provided to us is a mobile telephone number, you
consent to receive SMS or text messages at that number. Standard telephone minute and
text charges may apply if we contact you. By becoming a User, you expressly consent and
agree to accept and receive communications from us, including via e-mail, text message,
calls, and push notifications to the cellular telephone number you provided to us. By
consenting to being contacted by AgentPromoter.com, you understand and agree that you
may receive communications generated by automatic telephone dialing systems and/or
which will deliver prerecorded messages sent by or on behalf of AgentPromoter.com, its
affiliated companies, including but not limited to … communications concerning
promotions run by us or our third-party partners.” You acknowledge that you are not
required to consent to receive promotional messages as a condition of using the
AgentPromoter.com Platform or the Services. However, you acknowledge that opting out of
receiving text messages or other communications may impact your use of the
AgentPromoter’s Platform or the Services.
AgentPromoter.com has the right to contact any user who visits this website including
targeting user via advertising on any 3rd party website or advertising to the user directly
through any communication medium.
You hereby acknowledge and confirm that you are solely responsible for the content of your messaging. You will ensure that any and all consents have been obtained, including, without limitation, consent for the delivery of commercial and marketing messages. You also agree to defend, indemnify and hold harmless AgentPromoter.com from and against any claims or damages which may result from your use of the Platform and Services, including, but not limited to, claims, damages, or lawsuits threatened or filed by third parties as well as inquiries and investigations by local, state and federal regulators. We reserve the right to hold, suspend or terminate your account or access to the Platform and/or Services for any alleged violation of this Section or any unusual or suspicious activity related to your account.
User content. In these terms and conditions, "your user content" means material
(including without limitation text, images, audio material, video material and audio-visual
material) that you submit to this website, for whatever purpose. You grant to
AgentPromoter.com a worldwide, irrevocable, non-exclusive, royalty-free license to use,
reproduce, adapt, publish, translate and distribute your user content in any existing or
future media. You also grant to AgentPromoter.com the right to sub-license these rights,
and the right to bring an action for infringement of these rights. Your user content must not
be illegal or unlawful, must not infringe any third party's legal rights, and must not be
capable of giving rise to legal action whether against you or AgentPromoter.com or a third
party (in each case under any applicable law). You must not submit any user content to the
website that is or has ever been the subject of any threatened or actual legal proceedings
or other similar complaint. AgentPromoter.com reserves the right to edit or remove any
material submitted to this website, or stored on AgentPromoter’s servers, or hosted or
published upon this website.
No warranties. This website is provided "as is" without any representations or warranties,
express or implied. AgentPromoter makes no representations or warranties in relation to
this website or the information and materials provided on this website. Without prejudice
to the generality of the foregoing paragraph, AgentPromoter.com does not warrant that: this
website will be constantly available, or available at all; or the information on this website is
complete, true, accurate or non-misleading or generate/create any consumer leads.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability. AgentPromoter.com will not be liable to you (whether under the law
of contact, the law of torts or otherwise) in relation to the contents of, or use of, or
otherwise in connection with, this website: for any indirect, special or consequential loss;
or for any business losses, loss of revenue, income, profits or anticipated savings, loss of
contracts or business relationships, loss of reputation or goodwill, or loss or corruption of
information or data. These limitations of liability apply even if AgentPromoter.com has been
expressly advised of the potential loss.
Exceptions. Nothing in this website disclaimer will exclude or limit any warranty implied by
law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will
exclude or limit AgentPromoter’s liability in respect of any: death or personal injury caused
by AgentPromoter’s negligence; fraud or fraudulent misrepresentation on the part of
AgentPromoter.com; or matter which it would be illegal or unlawful for AgentPromoter.com
to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness. By using this website, you agree that the exclusions and limitations of
liability set out in this website disclaimer are reasonable. If you do not think they are
reasonable, you must not use this website.
Other parties. You accept that, as a limited liability entity, AgentPromoter.com has an
interest in limiting the personal liability of its officers and employees. You agree that you
will not bring any claim personally against AgentPromoter’s officers or employees in
respect of any losses you suffer in connection with the website. Without prejudice to the
foregoing paragraph, you agree that the limitations of warranties and liability set out in this
website disclaimer will protect AgentPromoter.com’s officers, employees, agents,
subsidiaries, successors, assigns and sub-contractors as well as AgentPromoter.com.
Unenforceable provisions. If any provision of this website disclaimer is, or is found to be,
unenforceable under applicable law, that will not affect the enforceability of the other
provisions of this website disclaimer.
Indemnity. You agree to, and you hereby defend, indemnify, and hold AgentPromoter.com
Parties harmless from and against any and all claims, damages, losses, costs,
investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses
(including attorneys' fees) that directly or indirectly arise from or are related to any claim,
suit, action, demand, or proceeding made or brought against any AgentPromoter.com
Party, or on account of the investigation, defense, or settlement thereof, arising out of or in
connection with, whether occurring heretofore or hereafter:
(i)Customer Content;
(ii) your use of the Platform and our Services and your activities in connection with the
Platform and Services, including, without limitation, any message sent by you through your
use of the Platform;
(iii) your breach or alleged breach of these Terms or any Additional Terms;
(iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes,
ordinances, or orders of any governmental or quasi-governmental authorities in connection
with your use of the Platform, Services or your activities in connection therewith;
(v) information or material transmitted through your Device, even if not submitted by you,
that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade
dress, patent, publicity, privacy, or other right of any person or entity;
(vi) any misrepresentation made by you;
(vii) any other party's access and/or use of the Platform/Services with your account;
(viii) any failure to obtain consents required by applicable law or regulations prior to
sending communications using the Platform;
(ix) any privacy or spam policy violation alleged to have been committed through any use of
your account; and
(x) AgentPromoter.com Parties' storage, use and distribution of the information and data
(including mobile numbers) that you provide to us (all of the foregoing, "Claims and
Losses"). You agree to cooperate as fully as reasonably required by the
AgentPromoter.com.
Parties in the defense of any claim, suit, action, proceeding, governmental investigation or
enforcement action involving Claims and Losses, but we reserve the right, at your expense,
to assume the exclusive defense and control of any matter in which you are a named party
and that is otherwise subject to indemnification by you. You will not settle any Claims and
Losses without, in each instance, the prior written consent of an officer of a
AgentPromoter.com Party.
You acknowledge and agree to be held liable for any and all damages caused to the
AgentPromoter.com’s Parties by you as a direct result of a violation of local, state, national
or international laws and regulations, including, but not limited to, those damages that may
arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use
of, or destruction to any and all equipment, licensing and/or services provided by the
AgentPromoter.com Parties to you. Breaches of these terms and conditions Without
prejudice to AgentPromoter.com’s other rights under these terms and conditions, if you
breach these terms and conditions in any way, AgentPromoter.com may take such action
as AgentPromoter.com deems appropriate to deal with the breach, including suspending
your access to the website, prohibiting you from accessing the website, blocking
computers using your IP address from accessing the website, contacting your internet
service provider to request that they block your access to the website and/or bringing court
proceedings against you.
Variation AgentPromoter.com may revise these terms and conditions from time-to-time.
Revised terms and conditions will apply to the use of this website from the date of the
publication of the revised terms and conditions on this website. Please check this page
regularly to ensure you are familiar with the current version.
Assignment AgentPromoter.com may transfer, sub-contract or otherwise deal
AgentPromoter.com’s rights and/or obligations under these terms and conditions without
notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise
deal with your rights and/or obligations under these terms and conditions.
Severability If a provision of these terms and conditions is determined by any court or
other competent authority to be unlawful and/or unenforceable, the other provisions will
continue in effect. If any unlawful and/or unenforceable provision would be lawful or
enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of
the provision will continue in effect.
Entire agreement These terms and conditions constitute the entire agreement between
you and AgentPromoter.com in relation to your use of this website, and supersede all
previous agreements in respect of your use of this website.
No Agency The relationship between the Company and each User and Provider is that of
independent contractors, and no agency, joint venture, partnership, employee-employer or
franchiser-franchisee relations is intended or created by these Terms or your use of the
Site.
Links to Third Party Sites This Site may contain links to other Internet sites. We are not
responsible for the availability of such external sites or resources, and do not endorse and
are not responsible or liable for any content, advertising, products, or other materials on or
available from such sites or resources. We shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, products or services available on such external
sites or resources. We provide these links and references to you only as a convenience, and
inclusion of any link or reference does not imply endorsement of the Web site or other
resource.
Acknowledgement You acknowledge that You have read and understand these Terms, and
that these Terms have the same force and effect as a signed agreement. These Terms shall
confer no rights upon any other party other than the parties hereto.
Law and jurisdiction These terms and conditions will be governed by and construed in
accordance with Arizona Law, and any disputes relating to these terms and conditions will
be subject to the non-exclusive jurisdiction of the courts of Arizona. AgentPromoter.com’s
details You can contact AgentPromoter.com by email to support@AgentPromoter.com